Simmons v. St. Paul & Chicago Railway Co.
Supreme Court of Minnesota
Commissioners were duly appointed under defendant’s charter, to make an appraisal and award for the lands taken by defendant for the purposes of its road.' The defendant took an appeal from the award of such commissioners, in appraising the compensation due the plaintiff, to the district court for Goodhue county.
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Commissioners were duly appointed under defendant’s charter, to make an appraisal and award for the lands taken by defendant for the purposes of its road.' The defendant took an appeal from the award of such commissioners, in appraising the compensation due the plaintiff, to the district court for Goodhue county. A trial was had before a jury in that court, and the defendant, not satisfied with the verdict, made a motion for a new trial, and from an order denying such motion, it appeals to this court. The case is fully stated in the opinion.
1Opinion of the Court
By the Court.
Ripley, Oh. J.
Respondent appealed'to the district court of Goodhue county, from an award of commissioners appraising-the value of certain land of his, taken by. defendant under its charter. The cause being upon the calendar for trial the defendant moved for a change of venue. Said motion was based upon the affidavit of D. M. Taber, its attorney of record, and the other affidavits hereinafter mentioned. Taber’s affidavit states his belief that a fair trial of said action could not be had unless a change of venue was granted, and the place of trial changed to some other county than…
2Cases cited8 opinions
- In re WilliamNew York Supreme Court · 1839
- State v. StaleySupreme Court of Minnesota · 1869
- San Francisco, Alameda & Stockton R.R. v. CaldwellCalifornia Supreme Court · 1866
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. CochranIndiana Supreme Court · 1858
- Winona & St. Peter Railroad v. DenmanSupreme Court of Minnesota · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
- Springfield & Southern Railway Co. v. CalkinsSupreme Court of Missouri · 1886
- Scott v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
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